Criminal Procedure

Published on: August 14, 2012

Defendant Claims Ineffective Counsel

by Stephen Bilkis

The case involves the People of the State of New York against the defendant Floyd F. The Criminal Court of the City of New York in Kings County is hearing this case. The defendant has motioned to have his plea of guilty to sexual abuse in the third degree vacated. The plea was taken on the 10th of November, 1994 and he was convicted for the crime on the 12th of January, 1995.

Defendant’s Argument

The defendant is requesting that the judgment against him be vacated based upon ineffective counsel and because the plea was entered without him fully understanding what it met. A New York Criminal Lawyer said the defendant argues that when he entered the plea of guilty he was not informed by his attorney of the potential immigration consequences. He states that if he had known about these consequences he would have chosen to not enter the plea and would have gone to trial instead.

Published on: August 13, 2012

Court Finds Issues with Search

by Stephen Bilkis

This is a case before the Justice Court of the City of New York in Nassau County. The defendants in this matter are Juana and Jose Ventura. The plaintiff in the case is the People of the State of New York.

Case Background

A New York Criminal Lawyer said there was reason to believe that the defendants were living in a home that was over occupied. An affidavit was submitted to support the warrant. In the affidavit it was shown that there was reason to believe that up to 25 people were currently living in different areas of the premises. This is a violation of the rental code and there had been several complaints regarding the premises.

Published on: August 13, 2012

Defendant Requests Disclosure of Exculpatory Materials

by Stephen Bilkis

The defendant in this case is Michael Brown. He has made an omnibus motion requesting several forms of relief. The People of the State of New York are the plaintiffs in the case. The County Court of the City of New York in Suffolk County is hearing the case.

Case Discussion

A New York Criminal Lawyer said the defendant’s omnibus motion has requested discovery pursuant to CPL 240.20. The People have answered that they have provided their entire discovery to the defense. The defendant has not submitted a reply to contest the sufficiency of the answer that was provided by the People. For this reason, it seems that the request has been complied with.

Published on: August 12, 2012

Court Hears Drug Fraud Case

by Stephen Bilkis

The respondent and defendant in this case is J. Milford Kirkup Jr. The People of the State of New York are the appellants in the case. The Court of Appeals in the state of New York is hearing this case. There were two indictments filed against the defendant, Kirkup, in the Extraordinary Special and the Trial Terms of the Supreme Court of Suffolk County. Indictment 7256 charged the defendant with committing the crime of conspiracy. Indictment 7258 charges the defendant of violating section 1864 of the Penal Law.

Case Background

A New York Criminal Lawyer said the People of the State of New York submitted evidence to the Grand Jury that showed that Albert Freistadt, who is a pharmacist that operates a small retail drug store in Suffolk County along with his successors in interest had ordered drugs from pharmaceutical houses solely for the use of the Suffolk County Home, but in actuality for selling to the public.

Published on: August 12, 2012

Defendant Claims Entrapment

by Stephen Bilkis

This is a case of appeal by the defendant Jesus Torres. The respondent of the case is the People of the State of New York. This case is being heard in the Supreme Court, Appellate Division, Second Department. A New York Criminal Lawyer said the defendant is appealing a judgment that was made in the Supreme Court of Suffolk County. The judgment was rendered on the 19th, 1989 and convicted him of the criminal sale of a controlled substance in the first degree and criminal possession of a controlled substance in the first degree.

Case Background

In 1985, the defendant, Jesus Torres, and his business partner ran a successful roofing business in Suffolk County. They had the business for several years. For several years the defendant, his wife, his business partner, and several of their mutual friends were weekend cocaine users. The defendant used one gram of cocaine a week and this was supplied to him by his business partner.

Published on: August 11, 2012

Court Treatment for Defendant in Drug Possession Case

by Stephen Bilkis

This is a matter of an application made by the petitioner Ronald Miller in regard to a judgment that was filed in the Franklin County Clerks office on the 29th of January, 2008. The respondent in the case is Brian Fischer who is the Commissioner for the NYS Department of Correctional Services. The case is being heard in the Supreme Court of the State of New York located in Franklin County.

Case Background

On the 21st of November, 2006, the petitioner was sentenced in the Suffolk County Court as a second felony offender. His sentence was set at five years with two years of post release supervision. This sentence was for his conviction of the crime of criminal possession of a controlled substance (drug possession).

Published on: August 11, 2012

Court Rules on Drug Possession Case

by Stephen Bilkis

This is a case being heard in the Suffolk County Court. The case involves the People of the State of New York against the defendant Kenneth Murray. The defendant has been accused of acting in concert with another in commission of the crimes of criminal sale of a controlled substance in the first degree and criminal possession of a controlled substance in the first degree. A New York Criminal Lawyer said Murray has moved for the charges against him to be dismissed on the account that the indictment is defective and that it was not found on legally sufficient evidence.

Defendant’s Argument

The defendant argues that the indictment is deficient as it fails to conform to CPL section 200.30, subdivision 7. This section requires that a plain and concise factual statement of each count must be made. It further states that the defendant must be clearly apprised as to the matter of the accusation that is made against him.

Published on: August 10, 2012

Court Looks at White Collar Crime

by Stephen Bilkis

Mortgage Electronic Registration Systems Inc. or “MERS” as the nominee for the America’s Wholesale Lender and its successors are the plaintiffs in this case. The defendants in the matter are Carole Folkes, the New York City Environmental Control Board, Baront Associates, LLC, the Judication Bureau, the New York City Transit, and John Doe (name is being withheld). The case is being heard in the Supreme Court of the State of New York. Judge Schlesinger is hearing the case.

Case Background

The action for this case started in 2005 and should have been a straightforward matter involving a foreclosure. However, there have been several issues that have come up in regard to the issue. The action has required an intervenor, Baron Associates, LLC. A New York Criminal Lawyer said Baron filed a cross claim against the defendant Carole Folkes and another counter claim against the plaintiff Mortgage Electronic Registration Systems, Inc. The index number for the case is 2005, but a note of issue was not filed in the matter until December of 2009.

Published on: August 8, 2012

Defendant Contends Identification Procedures by Police Incorrect

by Stephen Bilkis

Stalking is a crime that affects everyone who is around the intended victim of the crime. Stalking is a crime that causes a pervasive level of fear that is intolerable for most people. However, a New York Criminal Lawyer said people who have never seen this crime often have a difficult time understanding that the stalker is so focused on their victim that they often do not consider the penalty involved in their actions. The drive to possess that other person is so strong that they will often do anything within their power to have that person and to prevent anyone else from having that person.

In 2008, a woman was being stalked by her ex-boyfriend in New York. She had moved on with her life and was seeing a co-worker romantically. One day while they were at work, her ex-boyfriend showed up. A Staten Island Criminal Lawyer said he began insisting that the woman talk to him. The new boyfriend approached the pair and assessed the situation. He realized that the situation was about to get violent and had the man removed from the business. He thought that the incident was over, but the following day while they were driving to work, the ex-boyfriend drove up beside them on the roadway and brandished a knife in their direction. They refused to pull over and began driving toward the local police station. On their way to the police station, the stalker rammed their mini-van with his car.

Coincidentally, a patrol car was positioned at the street corner just up from the location of the assault with the motor vehicle. The officers heard the impact that they recognized in their experience to be the result of a motor vehicle accident. They immediately turned their patrol car onto the roadway in the direction of the impact sound. When they were on the road, they observed the mini-van and the couple inside the mini-van. The couple motioned to the officers that the car that was behind them needed to be stopped. The officers observed the stalker driving at a high rate of speed in reverse. He changed his direction and began to take evasive action. A New York Sex Crimes Lawyer said the officers turned on their emergency lights and siren to indicate to the driver of the vehicle that he needed to pull over.

Published on: August 8, 2012

Defendant Contends Pat Down Was Illegal

by Stephen Bilkis

Police officers are required to operate under strict adherence to the laws of the state. That means that every time that a police officer comes in contact with a citizen, they are required to operate under certain rules. A New York Criminal Lawyer said these rules are mandated in the United States Constitution, state laws, federal laws, local ordinances, and case law. In order to determine if the officers have overstepped their authority under the law, it is often critical that a defendant hire a good criminal attorney to represent their side.

The rules of search and seizure and admissibility of evidence can be very complicated and they are often argued in a court of law. A New York Criminal Lawyer said each case is different, and each case requires that the persons who are affected by the conduct of police officers on the street are well represented. One case that illustrates this issue occurred in New York on May 14, 1985.

Two patrol officers were patrolling the area of Eighth Avenue around 136th street. It was in the early morning hours of about 2:30 a.m. when they were flagged down by a well- dressed man who was standing beside the road. When they talked to him, he told them that he had been leaving a bar in the area when he noticed a man in front of the bar with a pistol tucked down the front of his pants. The man described the pistol as a small revolver that was commonly referred to as a snub nose. He stated that it was black in color and was in the front of the man’s pants. The complainant was especially concerned because he was afraid that the man was considering a hate crime against the homosexual population in the area. The bar that he had been in front of was a bar that catered to the homosexual population. A New York Drug Possession Lawyer said the complainant advised that he had followed the man and his companion as they left the area of the bar hoping to flag down a police officer to have him checked out. He described the man with the gun as a short black male in a white t-shirt and dark blue jeans. He stated that he was in the company of a man in a darker shirt with light blue jeans.